Transcript Department of the Environment Maryland’s Solid Waste Statutes and Regulations As They Bear on Composting 5/21/2009 Edward M.

Department of the Environment
Maryland’s Solid Waste
Statutes and Regulations As
They Bear on Composting
5/21/2009
Edward M. Dexter, P.G.,
Administrator, Solid Waste Program
Maryland Department of the Environment
Section 9-101 of the Environment Article,
Annotated Code of Maryland:
(j)
(1) “Solid waste” means any garbage, refuse,
sludge, or liquid from industrial, commercial, mining, or
agricultural operations or from community activities.
(2) “Solid waste” includes:
(i) Scrap tires as defined in § 9-201 of this title; and
(ii) Organic material capable of being composted in
accordance with Subtitle 17, Part III of this title.
(3) “Solid waste” does not include:
(i) Solid or dissolved material in domestic sewage or
in irrigation return flows; or
(ii) Compost as defined in § 9-1701 of this title.
Env. Art., Section 9-204(d):
“(d) A person shall have a permit
issued by the Secretary under this
section before the person installs,
materially alters, or materially extends
a water supply system, sewerage
system, or refuse disposal system.”
That means, before you even build the
thing, or start doing it.
Other Pertinent Statutes:
• Permits for composting and
distribution of any compost
containing sewage sludge are
required under Environment Article
Sections 9-204 and 233;
• Permits for composting Natural Wood
Waste are required under EA Section
9-1708.
Env. Art. 9-1701 (l) & (m):
(l) “Recyclable materials” means those materials
that:
(1) Would otherwise become solid waste for
disposal in a refuse disposal system; and
(2) May be collected, separated, or processed
and returned to the marketplace in the form of
raw materials or products.
(m) (1) “Recycling” means any process in which
materials that would otherwise become solid
waste are collected, separated, or processed and
returned to the marketplace in the form of raw
materials or products.
(2) “Recycling” includes composting.
Yard Waste & Composting Laws:
From the Environment Article:
• §9–1701. …
(b) “Compost” means the product of composting in
accordance with the standards established by the
Secretary of Agriculture under § 6–221 of the
Agriculture Article.
(c) “Composting” means the controlled biological
decomposition of organic waste material in
accordance with the standards established by the
Secretary under this title.
…
(s) (1) “Yard waste” means organic plant waste
derived from gardening, landscaping, and tree
trimming activities.
(2) “Yard waste” includes leaves, garden waste, lawn
cuttings, weeds, and prunings.
Yard Waste Composting Laws:
From the Environment Article:
•
§9–1721. Nothing in this part is intended to regulate or otherwise
to interfere with the conduct of composting by a consumer or
farmer for the production of safe compost to be used by the
consumer or farmer for personal, household, family, or
agricultural purposes.
•
§9–1722. Any State or local unit responsible for the maintenance
of public lands in the State, to the maximum extent practicable,
shall give consideration and preference to the use of compost in
any land maintenance activity that is to be paid for with public
funds.
•
§9–1723. (a) All yard waste collected separately from other
solid waste may be transported to a composting facility.
•
(b) The composting facility may be located at a refuse disposal
system.
•
§9–1724. An owner or operator of a refuse disposal system may
not accept truckloads of separately collected yard waste for final
disposal unless the owner or operator provides for the
composting or mulching of the yard waste.
Which Composters Needs A Solid Waste Permit?
• Sewage Sludge Composting requires a sewage
sludge utilization permit: COMAR 26.04.06,
Sewage Sludge Management.
• Natural wood waste composting (NWW) =
stumps, brush, limbs, logs, etc. ground into
wood chips and composted into mulch –
requires a natural wood waste recycling
permit: COMAR 26.04.09, Natural Wood Waste.
• Commercial or domestic refuse generally does
require a refuse disposal permit under COMAR
26.04.07 - Solid Waste Management.
Which DON’T need A Solid Waste Permit?
• Yard waste composting = leaves, twigs, grass
clippings and garden waste generally does not need a
refuse disposal permit as long as no large wood is
included (that needs a NWW Permit), and you have a
market for it.
• Food waste and manure MAY not need a refuse
disposal permit, depends on what else is in it
(packaging, pallets, etc.) and whether you have a
market for it.
• Purely governmental Natural Wood Waste operations
are exempt from the permit requirements, but should
follow the requirements of the regs.
Bottom Line:
• IF you are composting materials that would otherwise be a
solid waste, AND you are able to return them to the market
place in the form of a raw material or product, THEN you
are a recycling facility, and don’t need a refuse disposal
permit (although you might need something from Water or
Air Management, depending exactly what you are doing).
• HOWEVER, if the waste stream contains material that are
not compostable, like a lot of glass, plastic, wood, metal,
bone, etc., and you have to remove these materials to
make your product marketable before or after you compost
it, then you need a refuse disposal permit before you do it.
• There are loopholes for on-farm composting , IF it’s just
waste from onsite only; but if you accept waste from offsite
then these apply.
Md. Dept of Agriculture Regs:
• MDA regulates the quality of compost and soil amendments
offered for sale or distribution.
• Ag Regs are at COMAR 15.18.04 Compost:
- Sets limits on chemical concentrations for General Use,
Limited Use, and Restricted Use for a variety of heavy
metals, and other parameters;
- requires registration, labeling, record-keeping and
reporting.
- apply to both things that need a solid waste permit, and
things that don’t.
• Contact the Office of the State Chemist at MDA – see their
website at
http://www.mda.state.md.us/plants-pests/state_chemist/
For all of MDE’s permit application requirements,
see the Permit Guide on our website at
http://www.mde.state.md.us/Permits/busGuide.asp
Solid Waste Questions: 410 537-3318
ALL of Maryland regulations can be viewed at
COMAR Online:
http://www.dsd.state.md.us/comar/
1800 Washington Boulevard | Baltimore, MD 21230-1718
410-537-3000 | TTY Users: 1-800-735-2258
www.mde.state.md.us